Native title in Australia / Richard Bartlett.

Chatswood, N.S.W. : LexisNexis Australia, 2023.

5th edition

200854

Native title (Australia)

Part 1: Background

1. Legal history

2. Protection and recognition of native title: Mabo

3. Political and legislative responses to Mabo

4. Pastoral leases and equality: Wik

5. The ten point plan: workability and the denial of equality

6. Retreating from Mabo and Wik - frozen rights and judicial denial of equality: Ward

7. An onerous burden of proof: Yorta Yorta

8. Nigh impossible to prove native title in urban areas: Bennell

9. Returning to the first principles of Mabo and Wik in Akiba, Brown and Congoo

10. Efficiency, not equality, the focus of legislative change

11. Constitutional framework of native title

Part 2: Nature of native title

12. Concept of native title

13. Proof

14. Making a claim under the Native Title Act 1993 (Cth)

15. Content of native title

16. Transferability and alienability

17. Proprietary nature of native title

Part 3: Extinguishment and validation

18. Jurisdiction to extinguish and constitutional protection

19. Extinguishment and impairment at common law: 1788–1975

20. Confirming or deemed extinguishment: 1788–1996

21. Extinguishment and suspension: 1975–1996

22. Disregarding historic extinguishment

Part 4: Future dealings

23. Future act process

Part 5: Right to negotiate, agreements and settlements, and compensation

24. Development of a framework of negotiation, agreements and settlements

25. Right to negotiate

26. Indigenous land use agreements

27. Consent determinations

28. Compensation

Part 6: Fiduciary obligations

29. Fiduciary obligation as to native title

Part 7: Resource developments and traditional pursuits

30. Minerals and petroleum

31. Water

32. Hunting, fishing and gathering rights

Part 8: Institutions and jurisdiction

33. National native title tribunal and the federal court

34. Representative bodies

35. State and territory jurisdiction

Part 9: Reflections on native title

36. Thirty years to a limited acceptance.

This comprehensive and authoritative work provides the reader with an understanding of both the current operation of native title in Australia, and its historical and political background and development. It covers the nature of the concept, and explains the proof, content and extinguishment of native title. It examines the validation of past grants and acts, and the limited degree of protection from future acts; compensation for native title; and the application of native title principles to resource development and traditional pursuits. It considers both the common law and the Native Title Act 1993 (Cth). The fifth edition of this highly regarded work includes discussion on: the consistent recognition of exclusive possession, use and enjoyment; the impact of the decisions in Northern Territory v Griffiths (HCA, 2019) and Yunupingu v Commonwealth (FCAFC, 2023) on compensation; the increasing use of consent determinations, including the Noongar South West Native Title Settlement (2016); the implications of TJIWARL and TJIWARL (No 2) (FCAFC, 2018) (BHP case) in undermining the Native Title Act future act process; the significance of the decision in Western Australia v Manado (HCA, 2020) confirming existing public access to and enjoyment of beaches on native title land; the greater adherence to principles of equality by the courts, especially as to extinguishment. Native Title in Australia provides an ideal basis for both undergraduate and postgraduate study of native title and related Aboriginal and Torres Strait Islander issues, and is a reliable and informative source for practitioners, researchers and government bodies requiring current information in this area. - Publisher's website.

Includes bibliographical references and index.

9780409357929

lxxv, 1033 pages ; 25 cm